HOUSE OF REPRESENTATIVES

H.B. NO.

1675

THIRTY-FIRST LEGISLATURE, 2022

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MEDICAL CARE FOR MINORS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 577A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§577A-     HIV medical care and services; minors.  (a)  Notwithstanding any other law to the contrary, a minor who may have come into contact with the human immunodeficiency virus (HIV) may consent to medical care and services related to the diagnosis or treatment of HIV provided by a licensed health care provider.

     (b)  A minor may consent to medical care and services related to the prevention of HIV.

     (c)  A parent or legal guardian may not abrogate consent given by the minor on the minor's own behalf.

     (d)  If a minor consents to receive medical care and services pursuant to this section, the minor shall not be liable for payment."

     SECTION 2.  Section 577A-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding two new definitions to be appropriately inserted and to read:

     ""Licensed health care provider" means a physician or an osteopathic physician licensed under chapter 453, a physician assistant licensed under chapter 453, or an advanced practice registered nurse licensed under chapter 457.

     "Sexually transmitted infection" means an infection that is commonly transmitted through sexual contact, including but not limited to human immunodeficiency virus infection."

     2.  By amending the definition of "medical care and services" to read:

     ""Medical care and services" means the diagnosis, examination, and administration of medication in the prevention or treatment of [venereal diseases,] sexually transmitted infections, pregnancy, and family planning services.  [It] "Medical care and services" shall not include surgery or any treatment to induce abortion."

     SECTION 3.  Section 577A-2, Hawaii Revised Statutes, is amended to read as follows:

     "§577A-2  Consent valid.  The consent to the provision of medical care and services by public and private hospitals or public and private clinics, or the performance of medical care and services by a [physician licensed to practice medicine or advanced practice registered nurse as defined in section 457‑2.7,] licensed health care provider, when executed by a female minor who is or professes to be pregnant, or by a minor who is or professes to be [afflicted with a venereal disease,] infected with, or to have been exposed to, a sexually transmitted infection, or a minor seeking family planning services shall be valid and binding as if the minor had achieved [his or her] the age of majority as the case may be; that is, a female minor who is, or professes to be pregnant, or a minor who is, or professes to be [afflicted with a venereal disease,] infected with, or to have been exposed to, a sexually transmitted infection, or a minor seeking family planning services shall be deemed to have, and shall have the same legal capacity to act, and the same legal obligations with regard to the giving of [such] consent to [such] hospitals and [such] clinics or consent to the performance of medical care and services [to be provided] by a [physician licensed to practice medicine or advanced practice registered nurse as defined in section 457‑2.7,] licensed health care provider, as a person of full legal age and capacity, the infancy of the minor and any contrary provisions of law notwithstanding[, and such]; provided that the consent shall not be subject to later disaffirmance by reason of such minority; [and] provided further that the consent of no other person or persons [(including], including but not limited to a spouse, parent, custodian, or guardian[)], shall be necessary in order to authorize [such] the hospitals or [such] clinics or the performance of medical care and services [provided] by a [physician licensed to practice medicine or advanced practice registered nurse as defined in section 457‑2.7,] licensed health care provider to [such] the minor."

     SECTION 4.  Section 577A-3, Hawaii Revised Statutes, is amended to read as follows:

     "§577A-3  Providing information.  (a)  Public and private hospitals, [or] public and private clinics, or [physicians licensed to practice medicine or advanced practice registered nurses as defined in section 457-2.7] licensed health care providers may, at the discretion of the treating [physician or advanced practice registered nurse,] licensed health care provider, inform the spouse, parent, custodian, or guardian of any minor patient of the provision of medical care and services to the minor or disclose any information pertaining to [such] the medical care and services after consulting with the minor patient to whom [such] the medical care and services have been provided under this chapter.

     (b)  If the minor patient is not diagnosed as being pregnant or [afflicted with [a] venereal disease, such] having a sexually transmitted infection, this information as well as the application for diagnosis may be disclosed, at the discretion of the treating [physician or advanced practice registered nurse] licensed health care provider after consulting with the minor patient."

     SECTION 5.  Section 577A-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  If a minor consents to receive medical care and services, the spouse, parent, custodian, or guardian of the minor patient shall not be liable for the legal obligations resulting from the furnishing of medical care and services provided by the public and private hospital, public and private clinic, or [physician licensed to practice medicine, or advanced practice registered nurse as defined in section 457-2.7.  A] licensed health care provider.  Except as otherwise provided under section 577A-   , a minor who consents to the provision of medical care and services under this section shall assume financial responsibility for the costs of such medical care and services.  Any other law to the contrary notwithstanding, no spouse, parent, custodian, or guardian whose consent has not been obtained or who has no prior knowledge that the minor has consented to the provision of such medical care and services shall be liable for the costs incurred by virtue of the minor's consent."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2060.

 

 

 

Report Title:

Minors; Medical Care and Services; HIV; Consent; Prevention; Treatment; Physician Assistants

 

Description:

Permits minors to consent to medical care and services related to the diagnosis, treatment, or prevention of HIV.  Specifies that a minor, under certain circumstances, shall not be liable for payment associated with the diagnosis, treatment, or prevention of HIV.  Authorizes physician assistants, in addition to physicians and advanced practice registered nurses, to render such medical care and services to minors.  Effective 7/1/2060.  (HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.